191ACompensation for temporary diversions or deviations of road that deny access

191A Compensation for temporary diversions or deviations of road that deny access

(1) Subject to subsection (2), a project authority is liable to pay compensation in accordance with this section to a person who has interest in land who sustains a pecuniary loss or incurs an expense as a direct, natural and reasonable consequence of the exercise of a power under section 186D(1)(b) or (c) if the effect of the exercise of that power is that access to that land is denied.

Section 186D(1)(b) provides for the temporary deviation of a road. Section 186D(1)(c) provides for the temporary deviation of traffic onto a temporary roadway or a temporarily deviated road.

(c) a claim for compensation is not served on the project authority within one year of the end of the temporary deviation of a road or temporary deviation of traffic (as the case requires).

(3) For the purposes of determining whether alternative access to the land is adequate, no regard is to be had as to which stream of traffic has access to the land.

(4) Any claim for compensation under this section must be made and dealt with in accordance with the Land Acquisition and Compensation Act 1986 as if it were a claim under section 47(1) of that Act.

(5) Section 127 of the Road Management Act 2004 does not apply in respect of any matter for which compensation is payable under this section.

S. 192 amended by No. 43/2021 s. 209(1)(2) (ILA s. 39B(1)).